U4 


Duke  University  Libraries 

Articles  of  war 
Conf  Pam  12mo  #760 

DTTD57151. 


ARTICLES  OF  \VA.R, 


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MONTGOMERY : 

BARKETT,   \VIMBISU   i    CO.,   PRINTERS   AND    BINDERa. 

1861. 


ARTICLES  OF  WAR.  «. 

AN  ACT   FOR   ESTABLISHING    RULES  AND    ARTICLES   FOR   THE   GOV- 
ERNMENT  OF    THE   ARMIES   OF   THE   CONFEDERATE   STATES. 

Section  1.  The  Congress  of  tJie  Coinfedercde  Slates  of  America 
do  enact,  That,  from  aud  after  the  passage  of  this  act,  the  fol- 
lowing shall  be  the  rules  and  articles  bj  which  the  armies  of 
the  Confederate  States  shall  be  governed : 

Article.1.  Every  officer  now  iu  the  army  of  the  Confede- 
rate States  shall,  in  six  months  from  the  passing  of  this  act 
and  every  officer  who  shall,  hereafter  be  appointed,  shall  be- 
fore he  enters  on  the  duties  of  his  office,  subscribe  these 
rules  aud  regulations. 

Art.  2.  It  is  earnestly  recommended  to  all  officers  and 
soldiers  diligently  to  attend  divine  service  ;  and  all  officers 
who  shall  behave  indecently  or  irreverently  at  any  place  of 
divine  worship,  shall,  if  commissioned  officers,  be  brought 
before  a  general  court-martial,  there  to  be  publicly  and  se- 
verely reprimanded  by  the  president ;  if  non-commissioned 
officers  or  soldiers,  every  person  so  offending  shall,  for  his 
first  offence,  forfeit  one-sixth  of  a  dollar,  to  be  deducted  out 
of  his  next  pay ;  for  the  second  offence,  he  shall  not  only 
forfeit  a  like  sum,  but  be  confined  twenty-four  hours  ;  and 
for  every  like  offence,  shall  suffer  and  pay  in  like  manner  ; 
which  money,  so  forfeited,  shall  be  applied,  by  the  captain 
or  senior  officer  of  the  troop  or  company,  to  the  use  of  the 
sick  soldiers  of  the  company  or  troop  to  which  the  ofi'endcr 
belongs. 

Art.  3.  Any  non-commissioned  officer  or  soldier  who  shall 
xise  any  profane  oath  or  execration,  shall  incur  the  penalties 
expressed  in  the  foregoing  article  ;  and  a  commissioned  offi- 
cer shall  forfeit  and  pay,  for  each  and  every  such  offence, 
one  dollar,  to  be  applied  as  in  the  preceding  article. 

Art.  4.  Every  chaplain,  commissioned  in  the  army  or  ar- 
mies of  the  Confederate  States,  who  shall  absent  himself 
from  the  duties  assigned  him  (excepting  in  cases  of  sickness 
or  leave  of  absence.)  shall,  on  conviction  thereof  before  a 
court-martial,  be  fined  not  exceeding  one  month's  pay,  be- 
sides the  loss  of  his  pay  during  his  absence  ;  or  be  discharg- 
ed, as  the  said  court-martial  ghall  judge  proper. 


4  ARTICLES   OP   WAR. 

Art.  5.  Any  officer  or  soldier  who  shall  use  contemtuous 
or  disrespectful  words  against  the  President  of  the  Confede- 
rate States,  against  the  Vice-President  thereof,  against  the 
Congress  of  the  Confederate  States,  or  against  the  Chief 
Magistrate  or  Legislature  of  any  of  the  Confederate  States, 
in  which  he  may  be  quartered,  if  a  commissioned  officer, 
shall  be  cashiered,  or  otherwise  punished,  as  a  court-martial 
shall  direct ;  if  a  non-commissioned  officer  or  soldier,  he  shall 
suffer  such  punishment  as  shall  be  inflicted  on  him  by  the 
sentence  of  a  court-martial. 

Art.  6.  Any  officer  or  soldier  who  shall  behave  himself 
with  contempt  or  disrespect  toward  his  commanding  officer, 
shall  be  punished,  according  to  the  nature  of  his  offence,  by 
the  judgment  of  a  court-martial. 

Art.  7.  Any  officer  or  soldier  who  shall  begin,  excite, 
cause,  or  join  in  any  mutiny  or  sedition,  in  any  troop  or 
company  in  the  service  of  the  Confederate  States,  or  in  any 
party,  post,  detachment,  or  guard,  shall  suffer  death,  or  such 
other  punishment  us  by  a  court-martial  shall  be  inflicted. 

Art.  8,  Any  officer,  non-commissioned  officer,  or  soldier, 
\vho,  being-  present  at  any  mutiny  or  sedition,  does  not  use 
his  utmost  endeavor  to  suppress  the  same,  or,  coming  to  the 
knowledge  of  any  intended  mutiny,  does  not,  without  delay, 
give  information  thereof  to  his  commanding  officer,  shall  be 
punished  by  the  sentence  of  a  court-martial  with  death,  or 
otherwise,  according  to  the  nature  of  his  offence. 

Art.  9.  Any  officer  or  soldier  who  shall  strike  his  superi- 
or officer,  or  draw  or  lift  up  any  weapon,  or  offer  any  vio- 
lence against  him,  being  in  the  execution  of  his  office,  on  any 
pretence  whatsoever,  or  shall  disobey  any  lawful  command 
of  his  superior  officer,  shall  suffer  death,  or  such  other  pun- 
ishment as  shall,  according  to  the  nature  of  his  offence,  be 
inflicted  upoti  him  by  the  sentence  of  a  court-martial. 

Art.  10.  Every  non-commissioned  officer  or  soldier,  who 
shall  enlist  himself  in  the  service  of  the  Confederate  States, 
shall  at  the  time  of  his  so  enlisting,  or  within  six  days  after- 
ward, have  the  Articles  for  the  government  of  the  armies  of 
the  Confederate  States  read  to  him,  and  shall,  by  the  officer 
who  enlisted  him,  or  by  the  commanding  officer  of  the  troop 
or  company  into  which  he  was  enlisted,  be  taken  before  the 
iiext  justice  of  the  peace,  or  chief  magistrate  of  any  city  or 
town  corporate,  not  being  an  officer  of  the  army,  or  where 
recourse  cannot  be  had  to  the  civil  magistrate,  before  the 
judge  advocate,  and  in  his  presence  shall  take  the  following 
oath  or  affirmation  :  "  I,  A.  B.,  do  solemnly  swear,  or  affirm, 
(as  the  case  may  be,)  that  I  will  bear  true  allegiance  to  the 
Confederate  States  of  America,  and  that  I  will  serve  them 
honestly  and  faithfully  against  all  their  enemies  or  opposers 
whatsoever  ;  and  observe  and  obey  the  orders  of  the  Presi- 


ARTICLES   OP    WAR.  5 

dent  of  the  Confederate  States,  and  the  orders  of  the  officers 
appointed  over  me,  according  to  tlie  Rules  and  Articles  for 
the  government  of  the  armies  of  the  Confederate  States."' 
Which  justice,  magistrate,  or  judge  advocate  is  to  give  to 
the  officer  a  certificate,  signifying  that  the  man  enlisted  did 
take  the  said  oath  or  affirmation. 

Art.  11.  After  a  non-commissioned  officer  or  soldier  shall 
have  been  duly  enlisted  and  sworn,  he  shall  not  be  dismissed 
the  service  without  a  discharge  in  writing  ;  and  no  discharge 
granted  to  him  shall  be  sufficient  which  is  not  signed  by  a 
field  officer  of  tlic  regiment  to  wliich  he  belongs,  or  com- 
manding officer,  where  no  field  officer  of  the  the  regiment  is 
present;  and  no  discharge  shall  be  given  to  anon-commis- 
sioned officer  or  soldier  before  his  term  of  service  has  ex- 
pired, but  by  order  of  the  President,  the  Secretary  of  War, 
the  commanding  officer  of  a  department,  or  the  sentence  of  a 
general  court-martial  ;  nor  shall  a  commissioned  officer  be 
discharged  the  service  but  b)'  order  of  the  President  of  tlie 
Confederate  States,  or  by  sentence  of  a  general  court-martial. 
Art.  12.  Every  colonel,  or  other  officer  commanding  a  re- 
giment, troop,  or  companj',  and  actually  quartered  with  it, 
may  give  furloughs  to  non-commisnoned  officers  or  soldiers, 
in  such  numbers,  and  for  so  long  a  time,  as  he  sliail  judge  to 
be  most  consistent  with  the  good  of  the  service  ;  and  a  cap- 
tain, or  other  inferior  officer,  commanding  a  troop  or  compa- 
ny, or  in  any  garrison,  fort,  or  barrack  of  the  Confederate 
States,(his  field  officer  being  absent.)  may  give  furloughs  to 
non-commissioned  officers  and  soldiers,  for  a  time  not  ex- 
ceeding twenty  daj's  in  six  months,  but  not  to  more  than  two 
persons  to  be  absent  at  the  same  time,  excepting  some 
extraordinary  occasion  should  require  it. 

Art.  13.  At  everj'  muster,  the  commanding  officer  of  each 
regiment,  troop,  or  company,  there  present,  shall  give  to  the 
commissary  of  musters,  or  other  officer  who  musters  the 
said  regiment,  troop,  or  company,  certificates  signed  by  him- 
self, signilying  how  long  such  officers,  as  shall  not  appear  at 
the  said  muster,  have  been  absent,  and  the  reason  of  their  ab- 
sence. In  like  manner,  the  commanding  officer  of  every 
troop  or  compau}'  shall  give  certificates,  signifying  the  rea- 
sons of  the  absence  of  the  non-commissioned  officers  and 
private  soldiers;  which  reasons  and  time  of  absence  shall 
be  inserted  in  the  muster-rolls,  opposite  the  names  of  the 
respective  absent  officers  and  soldiers.  Tiie  certificates  shall, 
together  with  the  muster-rolls,  be  remiited  by  the  commissa- 
ry of  musters,  or  other  officer  mustering,  to  the  Department 
of  War,  as  Bpcedil}^  as  the  distance  of  the  place  will  admit. 

Art.  14.  Every  officer  who  shall  be  convicted  before  a 
general  court-martial  of  having  signed  a  false  certificate  re- 


6  ARTICLES    OF    WAR. 

lating  to  the  absence  of  either  officer  or  private  soldier,  or 
relative  to  his  or  their  pay,  shall  be  cashiered. 

.Art.  15.  Every  officer  who  shall  knowingly  make  a  false 
muster  of  man  or  horse,  and  every  officer  or  commissary  of 
musters  who  shall  willingly  sign, direct,  or  allow  tlie  signing 
of  muster-rolls  wherein  such  false  muster  is  contained,  shall, 
upon  proof  made  thereof,  by  two  witnesses,  before  a  general 
court-martial,  be  cashiered,  and  shall  be  thereby  utterly  disa- 
bled to  have  or  hold  any  office  or  employment  in  the  service 
of  the  Confederate  States. 

Art.  16.  Any  commissary  of  musters,  or  other  officer,  who 
shall  be  convicted  of  having  taken  money,  or  other  thing,  by 
way  of  gratification,  on  mustering  any  regiment,  troop,  or 
company,  or  on  signing- muster-rolls,  shall  be  displaced  from 
his  office,  and  shall  be  thereby  utterly  disabled  to  have  or 
hold  any  office  or  employment  in  the  service  of  the  Confede- 
rate States. 

Art.  17.  Any  officer  who  shall  presume  to  muster  a  person 
as  a  soldier  who  is  not  a  soldier,  shall  be  deemed  guilty  of 
having  made  a  false  muster,  and  shall  suffer  accordingly'. 

Art.  18.  Every  officer  wlio  shall  knowingly  make  a  false 
return  to  the  Department  of  War,  or  to  any  of  his  superior 
officers,  authorized  to  call  for  such  returns,  of  the  state  of 
the  regiment  troop,  or  company,  or  garrison,  under  his  com- 
mand ;  or  of  the  arms,  ammunition,  clothing,  or  other  stores 
thereunto  belonging,  shall  on  conviction  thereof  before  a 
court-martial,  be  cashiered. 

Art.  19.  The  commanding  officer  of  every  regiment,  troop, 
or  independent  company',  or  garrison,  of  the  Confederate 
States,  shall,  in  the  beginning  of  every  month,  remit,  through 
the  proper  channels,  to  the  Department  of  War,  an  exact  re- 
turn of  the  regiment,  troop,  independent  company,  or  garri- 
son under  his  conm)and,  specifying  the  names  of  tiie  officers 
then  absent  from  their  posts,  with  the  reasons  for  and  the 
time  of  their  absence.  And  any  officer  who  shall  be  convict- 
ed of  having,  through  neglect  or  design,  omitted  sending 
such  retunis,  shall  be  punislied,  according  to  the  nature  of 
his  crime,  by  the  judgment  of  a  general  court-martial. 

Art.  20.  All  officers  and  soldiers  who  have  received  pay, 
or  have  been  duly  enlisted  in  the  service  of  the  Con- 
federate States,  and  shall  be  convicted  of  having  deserted 
the  same,  shall  sutler  death,  or  such  other  punishment  as,  by 
sentence  of  a  court-martial,  shall  be  inflicted. 

Art.  21.  Any  non-commissioned  officer  or  soldier  who  shall, 
without  leave  from  his  command i!ig  officer,  absent  himself 
from  his  troop,  company,  or  detachment,  shall,  ujjou  being- 
convicted  tliereof,  be  punished  according  to  the  nature  of 
his  oftence,  at  the  discretion  of  a  court-martial. 

Art.  22.  No  non-commissioned  officer  or  soldier  shall  en- 


ARtlCLES   OF   WAR,  7 

list  himself  in  any  other  regiment,  troop,  or  company,  with- 
out a  regular  discharge  from  the  regiment,  troop,  or  compa- 
ny in  which  he  last  served,  on  the  penalty  of  being  reputed 
a  deserter,  and  suffering  accordingly.  And  in  case  any  officer 
shall  knowingly  receive  and  entertain  such  non-commission- 
ed officer  or  soldier,  or  shall  not,  after  his  being  discovered 
to  be  a  deserter,  immediately  confine  him,  and  give  notice 
thereof  to  the  corps  in  which  he  last  served,  the  said  olBcer 
shall,  bv  a  court-martial,  be  cashiered. 

Art.  23.  Any  oflicer  or  soldier  who  shall  be  convicted  of 
having  advised  or  persuaded  any  other  officer  or  soldier  to 
desert  the  service  of  the  Confederate  States,  shall  suffer 
death,  or  such  other  punishment  as  shall  be  inliicted  upon 
him  by  the  sentence  of  a  court-martial. 

Art.  24.  No  officer  or  soldier  shall  use  any  reproachful  or 
provoking  speeches  or  gestures  to  another,  upon  pain,  if  an 
officer,  of  being  put  in  arrest;  if  a  soldier,  confined,  and  of 
asking  pardon  of  the  party  offended,  in  the  presence  of  his 
commanding  officer. 

Art.  25.  No  officer  or  soldier  shall  ^send  a  challenge  to 
another  officer  or  soldier,  to  fight  a  duel,  or  accept  a  chal- 
lenge if  sent,  upon  pain,  if  a  commissioned  officer,  of  being 
cashiered  ;  if  a  non-commissioned  officer  or  soldier,  of  suffer- 
ing corporal  punishment,  at  the  discretion  of  a  court-martial. 

Art.  26.  If  any  commissioned  or  non-commissioned  officer 
commanding  a  guard  shall  knowingly  or  willingly  suffer  any 
person  whatsoever  go  forth  to  fight  a  duel,  he  shall  be  pun- 
ished as  a  challenger  ;  and  all  seconds,  promoters,  and  carri- 
ers of  challenges,  in  order  to  duels,  shall  be  deemed  princi- 
pals, and  be  punished  accordingly.  And  it  shall  be  the  duty  of 
every  oflicer  commanding  an  arm}',  regiment,  company,  post, 
or  detachment,  who  is  knowing  to  a  challenge  being  given 
or  accepted  bj'^  any  officer,  non-commissioned  officer,  or  sol- 
dier, under  his  command,  or  has  reason  to  believe  the  same 
to  be  the  case,  immediately  to  arrest  and  bring  to  trial  such 
offenders. 

Art.  27.  All  officers,  of  what  condition  soever,  have  pow- 
er to  part  and  quell  all  quarrels,  frays,  and  disorders,  though 
the  persons  concerned  should  belong  to  another  regiment 
troop,  or  company  ;  and  either  to  order  officers  into  arrest, 
or  non-commissioned  officers  or  soldiers  into  confinement 
until  their  proper  superior  officers  shall  be  acquainted  there- 
with ;  and  whosoever  shall  refuse  to  obey  such  officer, 
(though  of  an  inferior  rank.)  or  shall  draw  his  sword  upon 
him,  .shall  be  punished  at  the  discretion  of  a  general  court- 
martial. 

Art.  28.  Any  officer  or  soldier  who  shall  upbraid  another 
for  refusing  a  challenge,  shall  himself  be  punished  as  a  chal- 
lenger ;  and  all  officers  and  soldiers  arc  hereby  discharged 


8  ARTICLES   OP   WAB. 

from  any  disgrace  or  opiniou  of  disadvantage  which  might 
arise  from  their  having  refused  to  accept  of  challenges,  as 
they  will  only  haye  acted  iu  obedience  to  the  laws,  and  done 
their  duty  as  good  soldiers  who  subject  themselves  to  dis- 
cipline 

Art.  29.  No  sutler  shall  be  permitted  to  sell  jiny  kind  of 
liquors  or  victuals,  or  ^to  keep  their  houses  or  shops 
open  for  the  entertainment  of  soldiers,  after  nine  at  night,  or 
before  the  beating  of  the  reveille,  or  upon  Sundays,  during 
divine  service  or  sermon,  on  the  penalty  of  being  dismissed 
from  all  future  sutling, 

Art.  30.  All  officers  commanding  in  the  field,  forts,  bar- 
racks, or  garrisons  of  the  Confederate  States,  are  hereby  re- 
quired to  see  that  the  persons  permitted  to  suttle  shall  sup- 
plj'  the  soldiers  with  good  and  wholesome  provisions,  or 
other  articles,  at  a  reasonable  price,  as  they  shall  be  answera- 
ble for  their  neglect. 

Art.  31.  No  officer  commanding  in  any  of  the  garrisons, 
forts,  or  barracks  of  the  Confederate  States,  shall  exact  ex- 
orbitant prices  for  houses  or  stalls,  let  out  to  sutlers,  or 
connive  at  the  like  exactions  in  others  ;  nor  by  his  own  au- 
thority, and  for  his  private  advantage,  lay  any  duty  or  impo- 
sition upon,  or  be  interested  in,  the  sale  of  any  victuals, 
liquors,  or  other  necessaries  of  life  brought  into  the  garrison, 
fort  or  barracks,  for  the  use  of  the  soldiers,  on  the  penalty 
of  being  discharged  from  the  service. 

Art.  32.  Every  officer  commanding  in  quarters,  garrisons, 
or  on  the  march,  shall  keep  good  order,  and,  to  the  utmost 
of  his  power,  redress  all  abuses  or  disorders  which  may  be 
committed  by  any  officer  or  soldier  under  his  command  ;  if, 
•upon  complaint  made  to  him  of  officers  or  soldiers  beating 
or  otherwise  ill-treating  any  person,  or  disturbing  fairs  or 
markets,  or  of  committing  any  kind  of  riots,  to  the  disquiet- 
ing of  the  citizens  of  the  Confederate  States,  he,  the  said 
commander,  who  shall  refuse  or  omit  to  see  justice  done  to 
the  offender  or  offenders,  and  reparation  made  to  the  party 
or  parties  injured,  as  far  as  part  of  the  offender's  pay  shall 
enable  him  or  them,  shall,  upon  proof  thereof,  be  cashiered, 
or  otherwise  punished,  as  a  general  court-martial  sliall  direct. 
Art.  33.  When  any  commissioned  officer  or  soldier  shall 
be  accused  of  a  capital  crime,  or  of  having  used  violence,  or 
committed  any  offence  against  the  person  or  property  of  any 
of  the  Confederate  States,  such  as  is  punishable  by  the 
known  laws  of  the  land,  the  commanding  officer  a,ud 
officers  of  every  regiment,  troop,  or  company,  to  which 
the  person  or  persons  so  accused  shall  belong,  are_  here- 
by required,  upon  application  duly  made  by,  or  in  be- 
half of,  the  party  or  parties  injured,  to  use  their  utmost  en- 
deavors to  deliver  over  such  "accused  person  or  persons  to. 


ARTICLES   OP    WAK. 

the  civil  magifltrate,  and  likewise  to  be  aiding  add  assisting 
to  the  otriceis  of  justice  in  apprcliending  and  securing:  the 
person  or  persons  so  accused,  in  order  to  bring  liini  or  tliom 
to  trial.  It"  any  commanding  oflicer  or  olticers  sliall  wilfully 
neglect,  or  shall  refuse,  upon  the  application  aforesaid,  to  de- 
liver over  such  accused  person  or  ])erson8  to  the  civil  magis- 
trates, or  to  be  aiding  and  assisting  to  the  f)flicer8  of  justice 
in  apprehending  such  person  or  persons,  the  oflicer  or  officers 
so  oftending  shall  be  cashiered. 

Art.  34.  If  any  oflicer  shall  think  himself  wronged  bj'  his 
Colonel,  or  the  commanding  officer  of  the  regiment,  and  shall, 
upon  duo  application  being  niadi;  to  him  be  refused  redress, 
he  may  complain  to  the  General  commanding  in  the  State  or 
Territory  where  such  regiment  shall  be  stalioncd.  in  order  to 
obtain  justice  ;  who  is  hereby  reijuired  to  examine  into  6aid 
complaint,  and  take  proper  measures  for  redressing  the 
wrong  complained  of,  and  transmit,  as  soon  as  po.ssibIe,  to  tlie 
Department  of  War,  a  true  state  of  such  complaint,  with  the 
proceedings  ha'd  tliereon. 

Art.  3.3.  It  any  inferior  officer  or  soldier  shall  think  him- 
self wronged  b}'  his  captain  or  other  oflicer,  he  is  to  com- 
plain thereof  to  the  commanding  oflicer  of  the  regiment,  who 
is  hereb}'  required  to  summon  a  regimental  court-martial,  for 
the  doing  justice  to  the  complainant ;  from  which  regimental 
court-martial  either  party  may,  if  he  think  himself  still  aggriev- 
ed, apiieal  to  a  general  conrl-martial.  But  if,  upon  a  second 
hearing,  the  appeal  shall  a])]uar  vexatious  and  groundless, 
the  pt-rson  so  apjiealing  shall  be  punished  at  the  discretion 
of  said  court-martial. 

Akt.  36.  .Any  eommissioned  oflicer,  store-keeper,  or  coni- 
missar}-,  who  shall  i;e  convicted  at  a  gericral  court-martial  of 
having  sold,  wilhont  a  proper  order  for  that  purpose,  em- 
bezzled, misajiiilied,  or  wiliniliy,  or  tlirongli  neglect,  siifiered 
any  ol  the  jirovisions,  forage,  arms,  clothing,  ammunition,  or 
other  military  stores  belonging  to  the  Confederate  States  to 
be^sjioiled  or  daniaged.  shall,  at  his  own  expens",  make  good 
the  loss  or  damage,  and  shall,  moreover,  lorfeit  all  his  pay, 
and  be  dismissed  from  the  service. 

Art.  37.  Any  non-commissioned  officer  or  soldier  who  shall 
be  convicted  at  a  regimental  court-martial  of  having  sold,  or 
designedly  or  through  neglect,  wasteil  the  ammunition  de- 
livered out  to  him,  to  be  employed  in  the  service  of  the  Con- 
federate Slates,  sliall  btj  pniiished  at  the  discretion  of  such 
Court.  ■:• 

Art.  38.  Every  non-commissioned  oflicer  or  soldier  who 
shall  be  camvicted  before  a  couit-martial  of  iiavin;;-  sold,  lost, 
or  spoiled,  through  neglect,  liis  horse,  arms,  clothes,  or  ac- 
coutrements, shall  undergo  such  weekly  6foi)i'ages  (not  ex- 
ceeding the  half  of  his  pay)  as  such  court-martial  shall  judge 


lO  ARTICLES   OF   WAR. 

sufficient,  for  repairing  the  loss  or  damage  ;  and  shall  sulfer 
coiifinenieut,  or  sueh  other  corporal  punishment  as  his 
crime  shall  deserve. 

Art.  39.  Ever}'  officer  who  shall  be  convicted  before  a 
court-martial  of  having  embezzled  or  misapplied  any  money 
with  which  he  may  have  been  intrusted,  for  the  payment  of 
the  men  under  his  command,  or  for  enlisting  njen  into  the 
service,  or  for  other  purposes,  if  a  commissioned  officer, 
shall  be  cashiered,  and  compelled  to  refund  the  money;,  if  a 
uon-commissioned  officer,  shall  be  reduced  to  the  ranks,  be 
put  under  stoppages  until  the  money  be  made  good,  and 
sufler  such  corporal  punishment  as  such  court-martial  shall 
direct. 

Art.  40.  Every  captain  of  a  troop  or  company  is  charged 
with  the  arms,  accoutrements,  anjmunition,  clothing,  or  other 
warlike  stores  belonging  to  the  troop  or  company  uiider  his 
command,  which  he  is  to  be  accountable  for  to  his  colonel' 
in  case  of  their  being  lost,  spoiled,  or  damaged,  nut  by  una- 
voidable accidents,  or  on  actual  service. 

Art.  41.  All  non-connnissioned  officers  and  soldiers  who 
shall  be  found  one  mile  from  the  camp  without  leave,  in 
writing,  from  their  conunanding  officer,  shall  suffer  sucii 
punishment  as  shall  be  inflicted  upon  them  by  the  sentence 
of  a  court-martial. 

ATvT.  42.  No  officer  or  soldier  shall  lie  out  of  his  quarters, 
garrison,  or  camp  without  leave  from  his  su[)erior  officer, 
upon  penalty  of  being  punished  according  to  .the  nature  of 
his  offence,  by  the  sentence  of  a  court-martial. 

Art.  43.  Every  non-commissioned  officer  and  soldier  shall 
retire  to  his  quarters  or  tent  at  the  beating  of  the  retreat; 
in  default  of  which  he  shall  be  pmiished  according  to  the 
nature  of  his  offence. 

Art.  44.  No  officer,  non-connuissioned  officer,  or  soldier 
shall  fail  in  repairing,  at  the  (inie  fixed;  to  the  place  of  pa- 
rade, of  exercise,  or  other  rendezvous  appointed  by  his  com- 
manding officer,  if  not  prevented  by  sickness  or  some  Other 
evident  necessity,  or  shall  go  from  the  said  place  of  rendez- 
vous without  leave  from  his  commanding  officer,  before  he 
shall  be  regular!}'  dismissed  or  relieved,  on  tlie  ]>enalty  of 
being  punished,  according  to  the  nature  of  his  offence,  by 
the  sentence  of  a  court-martial. 

Art.  45.  Any  commissioned  officer  who  shall  be  found 
druuk  on  his  guard,  parly,  or  other  <hity,  shall  be  cashiered. 
Any  noircommissioncd  officer  or  soldier  so  oiTending  shall 
suffer  such  corporal  punishinent  as  shall  be  infiicted  by  the 
sentence  of  a  court-martial. 

Art.  46.  Any  sentinel  who  shall  be  found  sleeiting  upon 
his  post,  or  shall  leave  it  before  he  shall  be  regularly  reliev- 


ARTICLES    OP    WAR.  *    11 

ed,  shall  suffer  death,  or  such'  other  punishment  as  shall  be 
iuflicted  by  the  sentence  of  a  court-martial. 

Art.  47.  No  soldier  belongini?  to  any  regiment,  troop,  or 
company  shall  hire  another  to  do  his  duty  tor  him.  nr  be  ex- 
cused troin  duty  hut  in  oases  of  sickness,  disability',  or  leave 
of  absence  ;  and  every  such  soldier  found  guilty  of  hiring 
his  dnt}',  as  also  the  party  so  hired  to  do  another's  duty, 
shall  bo  punished  at  the  discretion  of  a  regimental  court- 
martial. 

Art.  48.  And  everj'  non-commissioned  officer  conniving  at 
such  hiring  of  duty  aforesaid,  shall  be  reduced;  and  every 
commissioned  ofiker  knowing  and  allowing  such  ill  practi- 
ces in  the  service,  shall  be  punished  by  the  judgment  of  a 
general  court-martial. 

Art.  49.  Any  ollicer  belonging  to  the  service  of  the  Con- 
federate States,  wlio,  by  discharging  of  firearms,  drawing  of 
swords,  beating  of  drums,  or  by  any  other  means  whalsoev- 
er.  .shall  occasion  false  alarms  in  camp,  garrison,  or  quarters, 
shall  suffor  death,  or  such  other  punishment  as  shall  be  or- 
dered by  the  sentence  of  a  general  comt-m.»rtial. 

Art.  .")0.  Any  olhcer  or  S'.'idier  who  shall,  without  urgent 
necessity,  or  witho>it  the  leave  of  his  superior  oflicer.  quit 
his  guard,  platoon,  or  division,  shall  be  punished,  according 
to  the  nature  of  his  offence,  by  the  sentence  of  a  court- 
martial. 

Art.  ^\.  No  ofHcer  or  soldier  shall  do  violence  to  any  per- 
son who  brings  provisions  or  other  necessaries  to  the  camp, 
garrison,  or  quarters  of  the  forces  of  the  Confederate  States, 
employed  in  any  parts  out  of  the  said  States,  \ipon  ])ain  of 
death,  or  such  otlier  punishment  as  a  court-martial  shall 
direct. 

Art.  .'i2.  Any  oflicer  or  soldier  who  shall  misbehave  himself 
before  the  enemy,  run  away,  flr  shaniefully  abandon  any  fort, 
post,  or  guard  which  he  or  they  may  be  commanded  to  de- 
fend, or  tipeak  words  inducing  others  to  do  the  like,  or  shall 
cast  awa}'  his  arms  and  ammunition,  or  who  shall  quit  his 
))0st  or  colors  to  plunder  and  pillage,  every  such  offender, 
being  duly  convicted  thereof,  shall  suffer  death,  or  such 
other  punishment  as  shall  be  ordered  b}'  the  sentence  of  a 
general  court  martial. 

Art.  .53.  Au}'  person  belonging  to  the  armies  of  the  Con- 
federate States  who  shall  make  known  the  watchword  to  any 
person  who  is  not  entitled  to  receive  it  according  to  the 
rules  and  discipline  of  war.  or  shall  presume  to  give  a  parole 
or  watchword  different  from  what  he  received,  shall  suffer 
^  death,  or  such  other  punishment  as  shall  be  ordered  by  the 
sentence  of  a  general  court-martial. 

Art.  54.  All  otiicers  and  soldiers  are  to  behave  themselves 
orderly  in  quarters  and  on  their  march  ;  and  whoever  shall 


12  '  ARTICLES   OF   ^X^R. 

commit  any  waste  or  spoil,  either  in  walks  or  trees,  parks, 
warrens,  fish-ponds,  hoiises,  or  gardens,  corn-fields,  inclo- 
sures  of  meadows,  or  shall  maliciously  destroy  any  property 
whatsoever  belonging  to  the  inhabitants  of  the  Confederate 
States,  unless  by  order  of  the  then  commander-in-chief  of  the 
armies  [of  the  said  States,  shall  (besides  such  penalties  as 
they  are  liable  to  by  law,)  be  punished  according  to  the 
nature  and  degree  of  the  offence,  by  the  judgment  of  a  regi- 
mental or  general  court-martial. 

Art.  55.  Whosoever,  belonging  to  the  armies  of  the  Con- 
lederate  States  in  foreign  parts,  shall  force  a  safeguard,  shall 
suffer  death. 

Art.  56.  Whosoever  shall  relieve  the  enemy  with  money, 
victuals,  or  ammunition,  or  shall  knowingly  harbor  or  protect 
an  ''enemy,  shall  suffer  death,  or  such  other  punishment  as 
shall  be  ordered  by  the  sentence  of  a  court-martial. 

Art.  57.  Whosoever  shall  be  convicted  of  holding- corres- 
pondence with,  or  giving  intelligence  to,  the  enemy,  either 
directly  or  indirectly,  shall  suffer  death,- or  such  other  pun- 
ishment as  shall  be  ordered  b}'  the  sentence  of  a  court-mar- 
tial. 

Art.  58.  All  public  stores  taken  in  the  enemy's  camp, 
towns,  forts,  or  magazines,  whether  of  artillery,  ammunition, 
clothing,  forage,  or  provisions,  shall  be  secured  for  the 
service  of  the  Confederate  States  ;  for  the  neglect  of  which 
the  commanding  officer  is  to  be  answerable. 

Art.  59.  If  any  comnaander  of  any  garrison,  fortress,  or 
post  shall  be  compelled,  by  the  oificers  and  soldiers  under 
his  command,  to  give  up  to  the  enemy,  or  to  abandon  it,  the 
commissioned  officers,  non-commissioned  officers,  or  soldiers 
who  shall  be  convictad  of  having  so  offended,  shall  suffer 
death,  or  such  other  i)unishnient  as  shall  be  inflicted  upon 
them  by  the  sentence  of  a  court-nuirtial. 

Art.'cO.  All  sutlers  and  retainers  to  the  camp,  and  all  per- 
sons whatsoever,  serving  with  the  armies  of  the  Confederate 
States  in  the  field,  though  not  enlisted  soldiers,  are  to  bo 
subject  to  orders,  according  to  the  rwles  and  discipline  of 
war. 

Art.  G1.  Officers  having  .brevets  or  commissions  of  a  prior 
date  to  those  of  the  corps  in  which  they  serve,  will  take 
place  on  courts-martial  or  of  inquiry,  and  on  boards  detailed 
for  military  purposes,  when  composed  of  diflerent  cor|)s,  ac- 
cording to  the  ranks  given  them  in  their  brevets  or  former 
commissions  ;  but  in  the  regiment,  corps  or'  company  to 
which  such  officers  belong,  they  shall  do  duty  and  take  rank, 
both  in  courts  and  on  boards  as  aforesaid,  which  sliall  be 
composed  of  their  own  corps,  according  to  tlie  conjniissions 
by  which  they  are  there  mustered. 

Art.  G2.  If,  upon  marches,  guards,  or  in  quarters,  different 


ARTICLKS    OP    XVAK.  13 

corps  filiall  happen  to  join,  or  do  duty  together,  tlie  oflicer 
liighest  in  rank,  according  to  the  commission  hy  which  lie  is 
mustered,  in  tiie  army,  navy,  marine  corps,  or  militia,  there 
on  duty  by  orders  Ironi  competent  authority,  shall  command 
the  whole,  and  give  orders  for  what  is  necdtul  for  the  service, 
nnlcss  otherwise  directed  by  the  President  of  the  Confede- 
rate States,  in  orders  of  special  assignment  providing  for  the 
case. 

Art.  G3.  The  functions  of  the  eugineers  being  generally 
confined  to  the  most  elevated  branch  of  military  science,  they 
are  not  to  assume,  nor  are  they  subject  to  be  ordered  on  any 
dut}'  beyond  the  line  of  their  immediate  profession,  except 
by  the  special  order  of  the  President  of  the  Confederate 
States:  but  they  are  to  receive  every  mark  of  res|)ect  to 
which  their  rank  in  the  army  may  entitle  them  respectively, 
and  are  liable  to  be  transferred,  at  the  discretion  of  the 
President,  from  one  corps  to  another,  regard  being  paid  to 
rank. 

Art.  ()4.  General  courts-martial  may  consist  of  any  num- 
ber of  commissioned  ollicers;  from  five  to  thirteen,  iuclnsivo- 
ly  ;  but  tiiey  shall  not  consist  of  less  than  thirteen  where 
that  number  can  be  convened  without  manifest  injury  to  the 
service. 

Art.  65.  Any  general  officer  commanding  an  arm}',  or 
colonel  commanding  a  sc])arate  department,  may  a|)point 
general  courts  martial  wiienever  necessary.  But  no  sentence 
of  a  court-martial  siiall  be  carried  into  execution  until  after 
the  whole  proceedings  shall  Imve  been  laid  before  the  officer 
ordering  the  same,  or  the  officer  commanding  the  troops  for 
the  time  being ;  neither  shall  any  sentence  of  a  general 
court-martial,  in  the  tin)e  of  peace,  extending  to  the  loss  of 
life,  or  the  dismission  of  a  connnissioned  officer,  or  v. hich 
shall,  either  in  time  of  peace  or  war,  resjiect  a  general  officer, 
be  carried  into  execution,  until  after  the  whole  proceedings 
shall  have  been  transmitted  to  the  Secretary  of  War,  to  be 
laid  before  the  President  of  the  Confederate  States  for  his 
confirmation  or  disa]iproval,  and  orders  in  the  case.  All 
otlier  sentences  may  i)c  confirmed  and  executed  b.y  the  officer 
ordering  the  coint  to  assemble,  or  the  conmianding  officer 
for  the  tinie  being,  as  the  case  may  be. 

Art.  G().  Every  olficer  connnanding  a  regiment  or  cori)8 
may  ap])oint,  for  his  own  regiment  or  corpy,  conrts-martial, 
to  consist  of  three  commissioned  officers,  for  the  trial  and 
punishment  of  offenses  not  capital,  and  decide  upon  their 
sentences.  For  the  same  purpose,  all  officers  commanding 
any  of  the  garrisons,  forts,  Iwirracks,  or  other  places  where 
the  troops  consist  of  xlifforcnt  corps,  may  assemble  courts- 
martial,  to  consist  of  three  commissioned  officers,  and  decide 
upon  their  sentences. 


14  ARflCf.KS   OP    AVAR. 

Art  67.    No   garrison  or   regimental    court-martial    shall, 
have  the  power  to  try  capital  cases  or  commissioned  offlcers  ; 
neither  shall  they  inflict  a  line   exceeding  one  month's  pay, 
nor  imprison,  nor  put  to   hard  labor,  any  non-commissioned 
officer  or  soldier  for  a  longer  time  than  one  month. 

Art.  68.  Whenever  it  ra.i(,y  be  found  convenient  and  neces- 
sary to  the  public  service,  the  officers  of  the  marines  shall 
be  associated  with  the  officers  of  the  land  forces,  for  the  pvir- 
pose  of  holding  courts-martial,  and  tr3nng  offenders  belong- 
ing to  either ;  and, in  such  cases,  the  orders  of  the  senior 
officer  ot  either  corps  who  may  be  present  and  duly  author- 
ized, shall  be'received  and  obej-ed. 

Art.  69.  The  judge  advocate,  or  some  person  deputed  by 
him,  or  b}'  the  general,  or  officer  commanding  the  army,  de- 
tacliment;  or  garrison,  sliall  prosecute  in  the  name  of  the 
(lontederate  States,  but  shall  so  far  consider  himself  as  coun- 
sel for  the  prisoner,  after  the  said  .prisoner  shall  have  made 
his  plea,  as  to  object  to  any  leading  question  to  any  of  the 
witnesses,  or  any  question  to  the  prisoner,  the  answer  to 
wliich  might  tend  to  criminate  himself,  and  administer  to 
each  metaber  of  the  court,  before  tliey  proceed  upon  any 
trial,  the  following  oath,  whicli  shall  also  bo  taken  byjill 
members  of  the  regimental  and  garrison  courts-martial. 

"  You,  A.  B.,  do  swear  that  you  will  well  and  trul}'  try  aiKl 
determine,  according  to  evidence,  the  matter  now  IJefore 
you,  between  the  Confederate  States  of  America  and  the 
prisoner  to  be  tried,  and  that  yon  will  duly  administer  jus- 
tice, according  to  the  provisions  of  'An  act  establishing  Rules 
and  Articles  for  the  government  of  the  armies  of  the  Con- 
federate States,'  without  partiality,  favor,  or  affection  ;  and 
if  any  doubt  should  arise,  not  explained  by  said  Articles, 
according  to  your  conscience,  the  best  of  your  understand- 
ing, and  the  custom  of  war  in  like  cases  ;  and  you  do  further 
swear  that  you  will  not  divulge  tiio  sentence  of  the  court 
until  it  shall  be  published  by  the  proper  authority  ;  neither 
will  3'ou  disclose  or  discove''  the  vote  or  opinion  of  an 3'  par- 
ticular moniber  of  tlie  court-martial,  unless  required  to  give 
evidence  thereof,  as  a  witness,  by  a  court  of  justice,  in  a  duo 
course  of  law.     So  help  you  (Jod." 

And  so  soon  as  the  said  oath  shall  have  been  administered 
to  the  i'espective  members,  the  president  of  the  court  shall 
administer  to  the  judge  advocate,  or  person  officiating  as 
such,  an  oath  in  the  following  words  : 

"You,  A.  B.,  do  swear,  that  you  will  not  disclose  or  dis- 
cover the  vote  or  opinion  of  an3'  particular  member  of  the 
court-martial,  unless  required  to  give  evidence  thereof,  as  a 
witness,  b3-  a  court  of  justice,  in  due  course  of  law  ;  nor  di- 
vulge the  sentence  of  the  court  to  any  but  the  proper  au- 


AnxlcLEs  OP  War.  15 

tliority,  until  it  shall  bo  duly  disclosed  by  the  same.  So 
help  yon  God." 

Art.  to.  When  a  prisoner,  arraigned  before  a  general 
court-martial,  shall,  from  obstinacy  and  deliberate  design, 
Btand  mute,  or  answer  foreign  to  tiie  purpose,  the  court  may 
proceed  to  trial  and  judgment  as  if  the  prisoner  liad  regular- 
ly pleafled  iu>t  guilty. 

Art.  71.  When  a  member  sliall  be  challenL'ed  by  a  prison- 
er, he  must  state  his  cause  of  challenge,  of  which  the  court 
shall,  after  due  deliberation,  fletermine  the  relevancy  or  va- 
lidity, and -decide  accordingly;  and  no  challenge  to  more 
tiian  one  member  at  a  time  sliall  be  received  hy  the  court. 

Art.  72."  All  the  members  of  a  court  martial  are  to  behave 
with  ileccncy  anil  calmness;  and  in  giving  their  votes  are  to 
begin  with  the  youngest  in  commission. 

Art.  73.  All  peisons  who  give  evidence  before  a  c<iurt- 
niartial  are  to  be  examined  on  oath  or  affirmation,  in  the  fol- 
lowing form  : 

"You  swear,  or  aflirm  (as  the  case  may  be.)  the  evidence 
you  shall  give  in  the  ca<ise  now  in  heariug  shall  be  the  truth, 
the  whole  trutii,  and  nothing  but  the  truth.  So  help  you 
God." 

Art.  74.  On  tha  trials  of  cases  not  capital,  before  courts- 
martial,  the  dei)osition  of  witnesses,  not  in  the  line  or  stalf 
of  the  army,  may  be  taken  before  some  justice  of  the  peace, 
and  read  in  evidence  ;  provided  the  prosecutor  and  person 
ac(-n.sed  are  present  at  the  taking  the  same,  or  are  ilidy  noti- 
fied thereof 

Art.  75.  No  oflRccr  shall  be  tried  but  by  a  general  court-, 
martial,  nor  by  officers  of  an  inferior  rank,  if  it  can  be  avoid- 
ed. Nor  shall  any  |)roceediiigs  of  trials  be  carried  on,  ex- 
cepting between  the  hours  cf  eight  in  the  morning  and  three 
in  tlie  afternoon;  exce{)ting  in  cases  which,  in  the  opinion  of 
the  officer  appointing  the  court-martial,  require  immediate 
example. 

Art.  76.  No   person   whatsoever    shall   use  any   menacing 

words,  signs,  of   gestures,  in   jiresence  of  a  court-martial,  or 

slrill  cau.se  any  distntler  or  riot,  or  dist\irb  their  proceedings, 

-on   the  penalty  of  being  punished   trt  the   discrctiou   of  the 

said  court-martial. 

Art.  77.  Whenever  an}'  officer  shall  be  ciiarged  with  a 
crime,  he  shall  be  arrested  an<l  coidined  in  his  barracks, 
quarters,  or  tent,  and  deprived  of  his  sword  by  the  com- 
manding officer.  Atid  any  officer  who  shall  leave  his  con- 
finement before  he  shall  be  set  at  liberty  by  the  commanding 
officer,  or-  by  a  superior  officer,  shall  be  cashiered. 

Art.  78.  Non-commissioned  officers  and  soldiers,  charged 
with  crimes,  shall  be  confined  until  tried  In'  a  court-martial, 
or  released  hy  proper  authority. 


16  ARTICLES  OP  War. 

Art.  79.  No  officer  or  soldier  who  shall  be  put  in  arrest 
shall  continue  in  confinetnent  more  than  eight  days,  or  until 
such  time  as  a  court-martial  can  be  assembled. 

Akt.  80.  No  officer  commanding  a  guard,  or  provost  mar- 
shal, shall  refuse  to  receive  or  keep  any  prisoner  committed 
to  his  charge  by  an  officer  belonging  to  the  forces  of  the 
Confederate  States;  provided  the  officer  committing  shall, 
at  tlie  same  time,  deliver  an  account  in  writing,  signed  by 
himself,  of  the  crime  of  which  the  said  prisoner  is  chargedi 

Akt.  81.  No  officer  commanding  a  guard,  or  provost  mar- 
shal, shall  presume  to  release  any  person  committed  to  his 
charge  without  proper  authority  fof  so  doing,  nor  shall  he 
suffer  any  person  to  escape,  on  the  penalty  of  being  punish- 
ed for  it  by  the  sentence  of  a  court-martial. 

Art.  82.  Everj^  officer  or  provost  jnarshaI,to  whose  charge 
prisoners  shall  be  committed,  shall  within  twentj'-lour  hours 
after  such  commitment,  or  as  soon  as  he  shall  be  relieved 
from  liis  guard,  make  report  in  writing,  to  the  commanding 
officer,  of  their  names,  their  crimes,  and  the  names  of  the 
officers  who  committed  them,  on  the  penalty  of  being  pun- 
ished for  disobedience  or  neglect,  at  tlie  discretion  of  a 
court-martial. 

Art.  83.  Any  commissioned  officer  convicted  before  a 
general  court-martial  of  conduct  unbecoming  an  officer  and  a 
gentleman,  shall  be  dismissed  the  service. 

Art.  84.  In  cases  where  a  court-martial  may  think  it  pro* 
per  to  sentence  a  commissioned  officer  to  be  suspended  from 
command,  they  shall  have  power  also  to  suspend  his  pay 
and  emoluu)ents  for  the  same  time,  accordina-  to  the  nature 
and  heinousness  of  the  offence. 

Art.  85.  In  all  cases  where  a  connnissioned  officer  is  cash- 
iered |for  cowardice  or  fraud,  it  shall  be  atlded  in  the  sen- 
tence, that  the  crime,  name,  and  place  of  abode,  and  punish- 
ment of  the  delinquent,  be  published  in  the  newspapers  in 
and  about  the  camp,  and  of  the  particular  State  from  which 
the  offender  came,  or  where  he  usually  resides  ;  after  which 
it  shall  be  deemed  scandalous  for  an  officer  to  associate  with 
him. 

Art.  86.  The  commanding  oflir(M-  of  any  jiost  or  detacli- 
ment,  in  which  there  sliall  not  be  a  nnmlici-  of  officers  ade- 
quate to  form  a  general  court-martial,  shall,  in  cases  which 
require  the  cognizance  of  such  a.  corut,  report  to  the  com- 
manding officer  of  the  departn)ent,  who  shall  order  a  court 
to  be  assembled  at  the  nearest  j>ost  or  department,  and  the 
jiarty  accused,  with  necessary  witnesses,  to  be  transported 
to  the  ])lace  where  tlie  said  court  sliall  bo  assembled. 

Art.  87.  No  person  shall  be  sentenced  to  suffer  death  but 
by  the  concurrence  of  two-thirds  of  the  members  of  a  gener- 
at  court-martial,  nor   except  in  the   cases  herein   expressly 


ARTICLES   OF    WAK.  17 

mentioned  ;  and  no  officer,  non-commissioned  officer,  soldier, 
or  follower  of  the  army,  shall  be  tried  a  second  time  for  the 
same  offence. 

Art.  88.  No  person  shall  be  liable  to  be  tried  and  pnnish- 
ed  by  a  general  court-martial  for  any  offence  which  shall  ap- 
pear to  have  been  committed  more  than  two  years  before 
the  issuing  of  the  order  for  such  trial,  unless  the  person,  by 
reason  of  having  absented  himself,  or  some  other  manifest 
impediment,  shall  not  have  been  amenable  to  justice  within 
that  period. 

Art.  89.  Every  officer  authorized  to  order  a  general  conrt- 
martial  shall  have  power  to  pardon  or  mitigate  any  pvmish- 
ment  ordered  by  such  court,  except  the  sentence  of  death, 
or  of  cashiering  an  officer  ;  which,  in  the  cases  where  he  has 
authority  (by  Article  G5)  U)  carry  them  into  execution,  he 
may  suspend,  until  the  pleasure  of  the  President  of  the  Con- 
federate States  can  be  known  ;  which  suspension,  together 
with  copies  of  the  proceedings  of  the  court-martial,  the  said 
officer  shall  immediately  transmit  to  the  President  for  his 
determination.  And  the  colonel  or  commanding  officer  of 
the  regiment  or  garrison  where  any  regimental  or  garrison 
court-martial  shall  be  held,  may  pardon  or  mitigate  any  pun- 
ishment ordered  by  such  court  to  be  inflicted. 

Art.  90.  Every  judge  advocate,  or  person  officiating  as 
Buch,  at  any  general  court-martial,  shall  transmit,  with  as 
much  expedition  as  the  opportunity  of  time  and  distance  of 
place  can  admit,  the  original  proceedings  and  sentence  of 
such  court-martial  to  the  Secretivry  of  War  ;  which  said 
original  proceedings  and  sentence  shall  be  carefully  kept 
and  preserved  in  the  office  of  said  Secretary,  to  the  end  that 
the  persons  entitled  thereto  may  be  enabled,  upon  applica- 
tion to  the  said  officer,  to  obtain  copies  thereof. 

The  party  tried  by  any  general  court-martial  shall,  upon 
demand  thereof,  made  by  himself,  or  by  any  person  or  per- 
sons in  his  behalf,  be  entitled  to  a  copj'  of  the  sentence  and 
proceedings  of  such  court-martial. 

Art.  91.  In  cases  where  the  general, or  commanding  officer 
may  order  a  court  of  inquiry  to  examine  into  tlie  nature  of 
any  transaction,  accusation,  or  imputatation  against  any  offi- 
cer or  soldier,  the  said  court  shall  consist  of  one  or  more 
officers,  not  exceeding  three,  and  a  judge  advocate,  or  other 
suitable  person,  as  a  recorder,  to  reduce  the  proceedings 
and  evidence  to  writing  ;  ail  of  whom  shall  be  sworn  to  tlie 
faithful  performance  of  their  duty.  This  court  shall  have 
the  same  power  to  summon  witnesses  as  a  court-martial,  and 
to  examine  them  on  oath.  But  they  shall  not  give  their 
opinion  on  the  merits  of  the  case,  excepting  they  shall  be 
thereto  specially  required.  The  parties  accused  shall  also 
be  permitted  to  cross-examine  and  interrogate  the  witnesses. 


18  ARTICLES  Of  WAR. 

SO  as  to  investigate  fully  the  circumstances  in  the  question. 

Art.  92.  The  proceedings  of  a  coiirt  of  inquiry  must  be 
authentit.-ated  by  the  .signature  of  the  recorder  and  the  presi- 
dent, and  delivered  to  the  coniraaiiding  officer,  and  the  said 
proceedings  may  be  admitted  as  evidence  by  a  court-martial, 
in  cases  not  capital,  or  extending  to  the  dismission  of  an 
officer,  provided  that  the  circumstances  are  such  that  oral 
testimony  cannot  be  obtained.  But  as  courts  of  inquiry  may 
be  perverted  to  dishonorable  purposes,  and  may  be  consid- 
ered as  engines  of  destruction  to  military  merit,  in  the  hands 
of  weak  and  envious  commandants,  they  are  hereby  prohibi- 
ted, unless  directed  by  the  President  of  the  Confederate 
States,  or  demanded  by  the  accused. 

Art.  93.  The  judge  advocate  or  recorder  shall  administer 
to  the  members  the  following  oath  : 

"  You  shall  well  and  truly  examine  and  inquire,  according 
to  your  evidence,  into  the  matter  now  before  you,  without 
partiality,  favor,  affection,  prejudice,  or  hope  of  reward.  So 
help  you  God." 

After  which  the  president  shall  administer  to  the  judge 
advocate  or  recorder,  the-  following  oath  : 

"  You,  A.  B.,  do  swear  that  you  will,  accordhig  to  your 
best  abilities,  accurately  and  impartially  record  the  proceed- 
ings of  the  court,  and  the  evidence  to  be  given  in  the  case 
in  hearing.     So  help  you  God." 

The  witnesses  shall  take  the  same  oath  as  witnesses  sworn 
before  a  court-martial. 

Art.  94.  When  any  commissioned  officer  shall  die  or  be 
killed  in  the  service  of  the  Confederate  States,  the  major  of 
the  regiment,  or  the  officer  doing  the  major's  duty  in  his  ab- 
sence, or  in  any  post  or  garrison,  the  second  officer  in  com- 
mand, or  the  assistant  military  agent,  shall  immediately  se- 
cure all  his  effects  or  equipage,  then  in  camp  or  quarters, 
and  shall  make  an  inventory  thereof,  and  forthwith  transmit 
the  same  to  the  office  of  the  Department  of  War,  to  the  end 
that  his  executors  or  administrators  may  receive  the  same. 

Art.  9.5.  When  anj'^  uon-connnissioncd  officer  or  soldier 
shall  (lie,  or  be  killed  in  the  service  of  the  Confederate  States, 
the  then  commanding  officer  of  the  troop  or  company  shall, 
in  the  presence  of  two  other  commissioned  officers,  take  an 
account  of  what  effects  he  died  possessed  of,  above  his  arms 
and  accoutrements,  and  transmit  the  same  to  the  office  of  the 
Department  of  War,  which  said  effects  are  to  be  accounted 
for,  and  paid  to  the  representatives  of  such  deceased  non- 
commissioned officer  or  soldier.  And  in  case  any  of  the 
officers,  so  authorized  to  take  care  of  the  effects  of  such  de- 
ceased non-commissined  officers  and  soldiers,  should,  before 
they  jiave  accounted  to  their  representatives  for  the  same, 
have  occasion  to  leave  the  regiment  or  post,  by  preferment 


ARTICLES   OP   WAR.  19 

or  otherwise,  they  shall,  before  tliey  bo  permitted  to  quit 
the  same,  deposit  in  tlie  liands  of  the  commandiiif^  officer,  or  of 
the  assistant  military  agent,  all  the  efleets  of  such  deceased 
non-commissioned  officers  and  soldier,  in  order  tliat  the  same 
may  be  secured  for,  and  paid  to,  their  repective  represen- 
tatives. 

Art.  96.  All  officers,  conductors,  gunners,  matrosses,  dri- 
vers, or  other  persons  whatsoever,  receiving  paj'  or  hire  in 
the  service  of  the  artillery,  or  corps  of  engineers  of  the  Con- 
federate States,  shall  be  governed  by  the  aforesaid  Rules  and 
Articles,  and  shall  be  subject  to  be  tried  by  courts-martial,  in 
like  manner  with  the  officers  and  soldiers  of  the  other  troops 
in  the  service  of  the  Confederate  States. 

Art.  97.  The  olficers  antl  soldiers  of  any  troops,  whether 
militia  or  others,  being  mustered  and  in  paj''  of  the  Confede- 
rate States,  shall,  at  all  times  and  in  all  places,  when  joined, 
or  acting  in  coTijunctinn  with  the  regular  forces  of  the  Con- 
federate States,  be  governed  by  these  Rules  and  Articles  of 
War,  and  siiall  be  subject  to  be  tried  by  courts-martial,  in 
like  manner  with  the  officers  and  soldiers  in  the  regular  for- 
ces ;  save  only  that  such  courts-martial  shall  be  composed 
entirely  of  militia  officers. 

Art.  98.  All  officers  serving  by  commission  from  the  au- 
thority of  any  particular  state,  shall,  on  all  detachments, 
comts-martial,  or  other  duty,  wherein  they  may  be  cmplo^'ed 
in  conjunction  with  the  regular  forces  of  the  Confederate 
States,  take  rank  next  after  all  officers  of  the  like  grade  in 
said  regular  forces,  notwithstanding  the  commissions  of  such 
militia  or  state  officers  may  be  elder  than  the  commissions  of 
the  officers  of  the  regular  forces  of  the  Confederate  States. 

Art.  99.  All  crimes  not  capital,  and  all  disorders  and  neg- 
lects which  officers  and  soldiers  may  be  guilty  of,  to  the  pre- 
judice of  good  order  and  military  discipline,  though  not 
mentioned  in  the  foregoing  Articles  of  War,  are  to  be  taken 
cog-nizance  of  by  a  general  or  regimental  court-martial,  ac- 
cording to  the  nature  and  degree  of  the  otfence,  and  be  pun- 
ished at  their  discretion. 

Art.  100.  The  President  of  the  Confederate  States  shall 
have  power  to  prescribe  the  uniform  of  the  army. 

Art.  101.  The  foregoing  Articles  are  to  be  read  and  pub- 
lished, once  in  every  six  months,  to  every  garrison,  regiment, 
troop,  or  company,  mustered,  or  to  be  mustered,  in  the  ser- 
vice of  the  Confederate  States,  and  are  to  be  duly  observed 
and  obej'ed  by  all  officers  and  soldiers  who  are,  or  shall 
be,   in    said  service. 

Sec.  2.  And  be  it  further  enacted.  That  in  time  of  war,  all 
persons  not  citizens  of,  or  owing  allegiance  to.  the  Confede- 
rate States  of  America,  who  shall  be  found  lurking  as  sjiies 
in  and  about  the  fortifications  or  encampments  of  the  armies 


20  ARTICLES   OP   WAR. 

of  the  Confederate  States,  or  any  of  them,  shall  suffer  death, 
according  to  the  law  and  usage  of  nations,  by  sentence  of  a 
general  court-martial. 


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